A non-resident Bangladeshi who learns that he or she has been named in a criminal case should verify the case immediately rather than relying on messages from relatives, social media or an opposing party.
The person should obtain the FIR or complaint, identify the court and current orders, determine whether any warrant or proclamation exists and obtain advice before travelling to Bangladesh. Living abroad does not suspend the case, and ignoring it can allow proceedings to advance in the person’s absence.
Verify whether a case actually exists
Ask a Bangladeshi criminal-law advocate to obtain the following:
1. The police station, case number and date.
2. A copy of the FIR or complaint petition.
3. The exact legal sections alleged.
4. The name of the investigating officer.
5. The court or tribunal handling the case.
6. The latest order sheet.
Any summons, warrant, proclamation, attachment order, charge sheet or final report.
A threatening message saying “a case has been filed” is not enough. The case should be verified from the police and court records.
Determine whether it is a police case or complaint case
A police case ordinarily begins with information under section 154 concerning a cognizable offence and proceeds through police investigation.
A complaint case begins before a Magistrate under sections 190 and 200. The Magistrate may examine the complainant, conduct or direct an inquiry under section 202 and decide whether sufficient grounds exist to issue process.
The distinction affects investigation, summons, bail and immediate strategy.
Do not ignore electronic communications
The 2026 amendment added section 69(4), allowing summons to be served through electronic means including SMS, voice call, instant messaging application or email, with proof of service preserved.
A person should therefore not assume that being overseas prevents service merely because no paper was delivered personally at the Bangladeshi family home.
Whether a particular electronic service was valid depends on compliance with the section and proof connecting the address or account to the person.
Check for a warrant
A summons and a warrant are not the same. A summons directs attendance. A warrant authorises arrest.
If a warrant exists, it may be executed when the person is found within the jurisdiction, including after return to Bangladesh, subject to the law governing execution.
A person should not travel based only on an informal assurance that “the case is managed.” The latest certified or officially verified order should be checked immediately before travel.
Consider bail before travelling
Where arrest is reasonably apprehended in a non-bailable case, an advocate should assess whether anticipatory bail is legally available.
The Appellate Division in State v Morshed Hasan Khan and others described anticipatory bail as an extraordinary and time-limited remedy. It is not appropriate merely because the applicant prefers to avoid surrender.
The person should expect the court to examine the seriousness of the allegation, specific role, foreign residence, risk of absconding, previous compliance and possible interference with evidence.
No general assurance should be given that anticipatory bail can be obtained entirely through a lawyer while the accused remains abroad. Personal appearance or surrender may be required by law, practice or the court’s order.
Can personal attendance be excused?
Section 205 permits a Magistrate issuing a summons to dispense with the accused’s personal attendance and allow appearance through a pleader, subject to the Magistrate’s power to require personal attendance later.
The availability of section 205 depends on the procedural stage, court, nature of process and judicial discretion. It should not be treated as an automatic right for every non-resident accused.
The amended section 540A(3) provides that during investigation a Judge or Magistrate may, for reasons recorded in writing, dispense with the personal attendance of an accused who is on bail and represented by an advocate until the hearing of the investigation report.
This is particularly relevant to non-residents, but only after bail and only when the court makes the required order.
Bail bonds from abroad
The amended section 499(3) allows a bail bond to be submitted in person, through the accused’s pleader or online where the court permits. The court must verify surety identity and eligibility.
This procedural flexibility does not eliminate any separate requirement to surrender, appear, obtain bail or comply with the court’s directions.
A power of attorney also does not automatically permit another person to perform acts that criminal procedure requires the accused personally to perform.
Investigation should not remain indefinitely open
Section 173B now provides a general sixty-working-day period for completion of investigation, subject to reasoned applications for extension and supervision where delay continues.
A non-resident accused should ask the advocate to monitor whether extensions were sought and what the order sheet records.
The expiry of sixty days does not automatically close the case.
Interim release from investigation
Section 173A permits an interim investigation report where insufficient evidence exists against an accused. The Magistrate or tribunal may discharge the accused on that basis, without preventing later inclusion if sufficient substantive evidence emerges.
Where passport, immigration, employment, location or electronic records show that the person could not have participated as alleged, those materials should be provided to the investigating authority through a documented legal process.
A foreign document should be complete and capable of authentication. A screenshot without source or metadata may carry little weight.
Risk of trial in absence
The amended section 339B permits trial in the absence of an accused where the court has reason to believe that the person has absconded or is concealing himself or herself and there is no immediate prospect of arrest.
The court must issue the prescribed order requiring appearance and publish it in at least one national daily Bangla newspaper. Publication through designated government websites may also be used under the amended provision.
Being physically abroad does not automatically mean the person is absconding. The court examines conduct, knowledge of proceedings, service and surrounding circumstances.
However, a person who knows about the case and deliberately ignores every process creates a serious risk that the court will treat the absence as concealment or evasion.
Foreign-residence evidence
Useful evidence may include passport pages, entry and exit records, residence permits, employment attendance, tax records, medical records, travel bookings, geolocation data and authenticated communications.
Such evidence does not automatically defeat an allegation. Some offences can be planned, assisted or committed electronically from abroad.
The evidence should be assessed against the exact alleged act and date.
Communication with investigators
An accused person should not contact the complainant or witnesses in a way that may be understood as pressure, inducement or threat.
Communication with police should ordinarily occur through counsel, particularly where arrest or self-incrimination is a risk.
The accused should not provide false travel information or altered documents. A weak but truthful defence is safer than a fabricated alibi.
Common mistakes
The most serious mistake is waiting until arrival at the airport to investigate the case.
Other mistakes include relying on a local intermediary who is not an advocate, concealing the case in a visa or immigration process, ignoring electronic summons and assuming that foreign citizenship or permanent residence prevents Bangladeshi criminal jurisdiction.
Law updated as of 13 July 2026.
Primary sources: Code of Criminal Procedure, 1898, sections 69, 173A, 173B, 190, 200, 202, 205, 339B, 498, 499 and 540A; Code of Criminal Procedure (Amendment) Act, 2026; State v Morshed Hasan Khan and others, Appellate Division, decided 18 April 2019.
Legal-information disclaimer: This article provides general legal information, not legal advice. A non-resident named in a criminal case should obtain individual advice from a licensed Bangladeshi criminal-law advocate before travelling, communicating with investigators or responding to court process.